SC Explains The Applicability Of Section 498A In A Judgment – 2007

Here is the SC judgment of Srinivasulu Vs State Of AP – 2007, which explains the applicability of 498A. The accused were finally acquitted of all charges by the SC after the HC and the morons in the lower court failed to see the reality.

An excerpt:

11. Section 498A reads as follows:

“498A: Husband or relative of husband of a woman subjecting her to cruelty- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation For the purpose of this section ‘cruelty’ means

(a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”

12. Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC. Cruelty has been defined in the Explanation for the purpose of Section 498A.

14 Responses to “SC Explains The Applicability Of Section 498A In A Judgment – 2007”

Like if a husband tortures the wife by way assassinating her character repeatedly by abusing her verbally, which cannot be proved, as it happens in four walls of the house. What is solution given to such women who are been tortured by physiologically, especially if there is a dependency of children, whose future is at stake because of this.

Your question is right friend, what happens in four walls remains in four walls and there are no witnesses. If there are 100 married couples in this country only 5 would be facing such problems of tortures what is mentioned in 498A. Around 5 would be facing torture by women to their husbands which we all know but no one dares to speak up… our fixed ideas…

This is one sided law and it has favoured only brides not women… i say so cause by misuse of this law a lot of young and elder humans irrespective of sex is getting troubled by seeing police station and court rooms for no fault of theirs.

The law is one sided and is misused openly, cause people have tunnel thought process wherein only one section of our society is cared at the cost of all the other sections…Our law at one stage says thousands of guilty can escape but not a single innocent should get punished and we are openly seeing such punishment to elders, kids and innocent people …. total helpless… May God bless our country before we loose interest in the institution of marriage and loose our culture of having family and family values…

We know that a lot of poor people do not get justice especially if they are fighting the rich. Why cannot we have a law similar to 498A empowering women to empower the poor so that they can allege whatever and the rich man and all the co-accused must first be put behind bars. This will show up India as a truly egalitarian and fair minded country to the world and bring justice to the millions and millions of poor in this country. Not to mention the votes, But of course what if the poor man files a complaint on the rich politician himself who brought in this law. Yes. So this law will not be brought in. For sure for that reason. But…. then just think it would be such a fantastic source of income to the whole tribe of policmen, lawyers and the justice delivery system stakeholders all. Is n’t it. Income from 498A will be a pittance and the section will die its own death considering the money to be made by this new law empowering the economically weak.

My fiancee forced me to spend a live in relationship with her stating that she was constantly being tortured by her parents, and would commit suicide if I didn’t give her shelter. Our marriage was not registered due to some personal problems at my end. I somehow managed by parents to live with her in my parents house. Immediately after marriage my wife started demanding money and started forcing me to leave my parents house buy a flat and live with her parents. I completely lost trust and immedately refused but tried to coax her to drop the idea but she stuck to the same. After about 3 and half months she left my home in the middle of the night following a quarrel with her without intimating us and went to the local police station and complained about me and my family driving her out. When the cops asked whether they could come immediately to investigate she refused and insisted to be sent to her paternal home. The very next day she filed a case vide 498A, 307 and 34 IPC with a lot of false allegations and got myself and my parents arrested. We were remanded in judicial custody, my father got bail after 14 days my mother got bail after 21 days and I got bail after 28 days. The case is yet to start i’m very worried about my parents as my father is 65 years old and my mother is 56 years old and both are in very poor health condition. Now my wife is threatening us and demanding my fathers house to be transfered to her name plus 10 lakhs which we are unable to pay. The police have investigated and submitted the case diary which fortunately is in our favour as the local witnesses including neighbours spoke in our favour. Now my fiancee is threatening us to dire consequences in the court.

Would appreciate any comments suggestions by any learned/experienced friend present in this forum.

Dear friends,
i wish u all the best.
i’m also the victim of CrPC 498a and 3&4 of DP Act.im the only son & my parents r aged above 60. both r heart patients.
my marriage was done in 2003. next day of my marriage the disputes started. my devil wife and parents tortured me and my family to live separately near by her house. i agreed and lived separately near her parental home. then they starts torture for demanding sell all property of mine & invesst their contract firm. they abused me & assulted me. later i went to my parents home and file case for restitution of conjugal life. after decree she came and tortured again. my father was expired. later she gone to her parental home, i filed divorece petetion, the case running then she file 498a & 3,4 of DP act the police taken money from her and ask me to come to counselling and arrested . they include my oldage mother and other relatives in that case. my divorce petetion was dismissed. the 498a case is running it is came for trial. how can i save myself & my family members from that false case. pls give good suggestions.
thank u
ur emmessar

Abhishek,
I am also face this case since 2010 & running till now my wife filed on me : 498a, 125 they make cheat & also asking Rs 15 Lakh from my father, but am not fear fighting with them continue till now.

But now my family worry about me & they need to solve this problem, but nothing in my hand.

CAN ANYBODY HAVE ANY WAY WHAT I DO? CAN I DESTROY MY LIFE? CAN RUN FROM HOME? CAN MAKE SUCIDE? NOTHING NOTHING FOR US THOSE FACE THIS PROBLEM, THEY UNDERSTOOD MY PROBLEM BETTER.

I am also victim of my wife. She lodged twice in police station and tried to book my whole family under 498A and DV act but god grace police did not book any case against us. But i felt very annoyed when police men have come to my house and picked me to police station and my parents also.
They are 60+ and sugar patients and i had to spend whole day with criminals in the PS. My parents were badly hurt when they were dragged to PS. Police insisted us to settle case in the PS with monetary benefits to her. She demanded share from my parents house property.

As of now i am living peacefully with my parents.
I dont know in the future what she will do with me.

This Website is very much informative for the victim of 498A and DV act.

My wife filed the four cases on me & my family under her parent’s pressure, she had also withdrawn all the cases but her father again launched the complaint in local police station for DV. Sometimes she told that I want to live with you or on other side she also ready to go back at her parent’s home.
I don’t have the faith on her. Please guide me to save my father because my father is Govt. Employee if once they arrest for the some, the organization immediately suspend him.

I was to get married to a guy settled in Singapore on 1st dec. the marriage talks were on since may 2014. The guy cane to meet me in July and stayed with me establishing physical relationship with me. He was supporting me financially as I had left my job n searching for another. Meanwhile he forced me to come to Singapore and stay with him before marriage. I was helpless and had no option then to agree to his demands. Just two days before marriage they called off the wedding demanding for dowry. We pleaded but they were just not ready to listen. Hence we filed a dowry case against my would be inlaws. It’s been 20 days we have been trying to patch up but they in turn have filed a false case against me stating that I have been forceably demanding money from the guy and as he could give as per my demands I cancelled the wedding.
My world has crashed completely. I love the guy and believed him to the core. We have been physically intimate and involved with each other. The police here is also not taking further action. My family is unable to do anything. Please show me the way to deal with this situation and false allegations being put on me which is false to it’s core. I want to know the way out and the way to patch up or settle this case.
Please help me

I was to get married to a guy settled in Singapore on 1st dec. the marriage talks were on since may 2014. The guy came to meet me in July and stayed with me establishing physical relationship with me. He was supporting me financially as I had left my job as he asked me to and was searching for another. Meanwhile he forced me to come to Singapore and stay with him before marriage. I was helpless and had no option than to agree to his demands. Just two days before marriage they called off the wedding demanding for dowry. We pleaded but they were just not ready to listen. Hence we filed a dowry case against my would be inlaws. It’s been 20 days we have been trying to patch up but they in turn have filed a false case against me stating that I have been forceably demanding money from the guy and as he could not give the money as per my demands I cancelled the wedding.
My world has crashed completely. I love the guy and believed him to the core. We have been physically intimate and involved with each other. The police here is also not taking further action due to influence from other side. My family is unable to do anything. Please show me the way to deal with this situation and false allegations being put on me and my father which is false to it’s core. I want to know the way out and the way to patch up or settle this case.
Please help me

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March).
During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle.
From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.